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Sec. 35.1-38.1. Riverfront Business District (B-6).

Sec. 35.1-38.1. Riverfront business district (B-6).

*Additional amendments possible to Ordinance #10-103, 9/14/10

(a) Intent. This district is to provide for a wide range of residential, commercial, and other sales and service operations, serving the entire metropolitan area. This district is specifically designed to encourage quality development of the waterfront, to preserve its design and historic resources, and to develop the area's full potential for varied uses. Development is intended to provide appropriate reuse of existing structures, to encourage more feasible commercial and mixed commercial/residential uses, to promote safe and convenient pedestrian circulation and access to the river, and to assure beneficial visual relationships within the district and from principal view points.

(b) Access. In order to assure public access to the James River for recreational purposes and to protect the aesthetic qualities of the riverfront, retention of all existing public right-of-ways is encouraged. For new development between Jefferson Street and the James River, public access is encouraged across the subject property and through any new structure proposed to be built between the terminus of an existing public right-of-way and the James River. This access toward the James River shall be provided with a minimum width of ten (10) feet at intervals of approximately three hundred and fifty (350) feet along the riverfront.

(c) Design review. In order to retain the architectural integrity of the riverfront/downtown area, the area included in the boundaries of the B-6 district shall be designated as a historic district advisory area. Such designation requires that any exterior alterations within the area, including demolitions, new construction, and exterior alterations to existing structures, shall be subject to review by the design review board for conformity with the commercial historic district design guidelines: downtown Lynchburg. The review shall be conducted as a public meeting with the opportunity for public comment including written notice to property owners within two hundred (200) feet of the subject property. While the recommendations resulting from the design review stipulated by this section are offered only in an advisory capacity, developers are encouraged to comply with such recommendations.

The cost of such public meeting shall include a fee for notification by first class mail to all required recipients at the standard postal rate as determined by the United States Postal Service for each written notice, to be paid by the petitioner. The city planner or his designee shall make written affidavit that the required notifications have been mailed and shall file such affidavit with the papers of the case.

(d) Prohibited uses. Within the business B-6 district, as indicated on the official zoning map, no lot, building or structure shall be used and no building shall be erected which is intended or designed to be used in whole or in part for any industrial or manufacturing purpose, unless it fits the definition regarding the repair or assembly of goods as specified in section 35.1-38.1(g)(7), of this district. No operations shall be carried on which create conditions of noise, odor, particulate or light detrimental to health, safety or the general welfare of the community.

(e) Uses permitted by right. The following uses shall be permitted by right in the riverfront business district under the regulations of section 35.1-14, site plan review, of the zoning ordinance:

(1) Any use hereinbefore permitted by right in R-1, R-2, R-3, R-4 and R-5 districts and business B-1, B-2, B-3, B-4, and B-5 districts, except the following:

(3) Exhibitions and festivals not to exceed fifteen (15) days duration, by special permit subject to approval by the city manager or his designated official. (See Commercial amusement (temporary) which is allowed by conditional use permit)

(4) Livery stables (excluding outside storage)

(5) Storage warehouses and wholesalers (with no outside storage)

(6) Water based transportation and recreation facilities

(7) Wholesale and produce markets (with no outside storage)

(8) Other uses determined by city council to be of similar character to and compatible with the above uses

(f) Permitted accessory uses. Uses, except signs, permitted as accessories to principal uses in the B-3 district shall be permitted as accessories in the B-6 district.

(g) Uses permitted by conditional use permit. The following uses shall be permitted in the riverfront business district (B-6) under the regulations of Section 35.1-15 and Article X of the zoning ordinance:

(9) Repair, assembly, or processing of goods, such as that which may be found in an I-1 or I-2 district (except for sawmills or planing mills), provided that no conditions are created in which smoke, fumes, noise, odor, light, or dust becomes detrimental to the health, safety, or general welfare of the community and that there is no outside storage

(10) Schools and colleges of all types exceeding a maximum on site enrollment of one hundred (100) students

(11) Sign shops, small

(h) Standards for B-6, riverfront business district. The following dimensional standards shall apply within business districts:

(1) General standards.B-6

Minimum average lot area per establishment

(square feet)None required

Minimum lot depth (feet)0

Minimum front yard (feet)0

Minimum rear yard (feet)0

Minimum side yard (feet)*0

(2) *Yards. None required, except that any side yard abutting a residential district shall be a minimum of twice the width required in that district. Such a side yard shall be screened in accordance with section 35.1-23 of the zoning ordinance.

(3) Height regulations. None required.

(4) Area regulations. None required.

(i) Signs. (As provided in Sections 35.1-26 through 35.1-26.16)

(j) Parking requirements. In the riverfront business district, the minimum off-street parking requirements shall not apply because of the impracticability of providing such parking on the basis of individual uses in highly congested areas. However, developers will be strongly encouraged to provide parking up to the minimum requirements. (Ord. No. O-94-069, 4-12-94; Ord. No. O-02-226, 12-10-02; Ord. No. O-04-074, 6-22-04; Ord. No. O-10-103, 9-14-10)